The appealpresented by Limoncello on behalf of Mr. Veres was made to address the personal and real precautionary measures requested by the Italian authorities in relation to his client, deemed necessary by the prosecutor in the context of the criminal proceedings related to the case.

Extradition to Italy is regulated by law as well as by international conventions and agreements. In general, extradition, is this case between Britain and Italy, means that Italy has asked the UK to surrender Veres as a suspected criminal in order to stand trial for an alleged violation of the Italian law. But before doing so, the antiquities dealer is entitled to an extradition hearing.

During that extradition hearing a UK judge will need to be satisfied that the conduct described in the European arrest warrant amounts to an extraditable offence in Great Britain. This means, in almost all cases, that the alleged conduct of the suspect would also amount to a criminal offence were it to have occurred in the UK. The UK courts would also have to evaluate whether or not any of the UK's statutory bars to extradition apply.

Most of the bars prohibiting extradition in the UK have to do with double jeopardy, the absence of a prosecution decision (whether the prosecution case against the accused is sufficiently advanced) or whether or not the request by the requesting foreign authority is improperly motivated. The London judge will also decide if extradition would be disproportionate or incompatible with Veres' human rights.

Should the judge at the extradition hearing decide it would be both proportionate and compatible, Veres' extradition to Italy would subsequently be ordered. Veres could then, if he so chose, ask the UK High Court for permission to appeal this decision, provided that request is made within seven days of the previous order.

If the High Court grants an appeal, in that situation and later affirms the lower court's ruling that extradition is both proportionate and compatible, Veres would become subject to extradition within 10 days of the final court order (unless an agreement to extend, due to exceptional circumstances, is made with Italy).

Four years after being stolen and then trafficked illegally out of Egypt, a painted wooden New Kingdom mummy mask has been returned to its country of origin this week, after turning up at a French antiquities auction in December 2016.

The mask is just one of 96 artifacts from the Pharaonic, Greek and Roman periods, discovered during foreign archaeological missions which were stolen in 2013, during a break-in of the Museum of Antiquities storage facilities at Elephantine. An archaeologically rich island, Elephantine is the largest island in the Aswan archipelago in Northern Nubia, Egypt. The island lies opposite central Aswan, just north of the First Cataract on the Nile.

Given that the professionally excavated objects were formal discoveries by authorized archaeological missions, versus illicitly excavated, the stolen antiquities, were well documented. This gave the Egyptian Ministry of Antiquities the necessary evidentiary documentation to list the ancient objects as possibly in circulation with national and international law enforcement authorities.

One Well Documented Theft = Numerous Separate Seizures

Monitoring the antiquities market closely, Egypt has succeeded in stopping the sale of several stolen objects from this single theft over the last few years. In this most recent incident, once the mummy mask had been spotted, Shabaan Abdel Gawad, the general supervisor of the Antiquities Repatriation Sector of the Ministry of Antiquities, was able to request that the mask's auction be halted, demanding the object's return through formal channels via the Egyptian embassy in Paris.

Earlier, on January 29, 2017, the Egyptian Ministry of Antiquities announced that a deputy from the British Museum had handed over a 16.5 centimeter tall, carved wooden Ushabti statue with gold inscriptions. This ancient object, stolen during the same break-in, had been relinquished by a British citizen. The funerary object had been excavated by Spanish archaeologists at the site of the Qubbet al-Hawa Necropolis in Aswan, and dates to ancient Egypt’s Middle Kingdom period (circa 1990 BCE – 1775 BCE).

Ushabti statues, sometimes called simply "Shabtis" by dealers in the antiquities trade, are very popular with ancient art collectors. These small wooden and stone figurines were once placed in Egyptian tombs, intended to function as the servants of the deceased during their afterlife.

The statuette is believed to date back to Egypt's Late Period, from 664-332 BCE which ended with the conquest of Egypt by Alexander the Great and the establishment of the Ptolemaic Dynasty.

According to a screenshot grabbed by ARCA on June 14, 2015 (and since removed from the dealer's website), the web page depicted the object's upcoming auction and included a reserve price of $5050. At the time of the auction, Aton Gallery had listed the provenance for the ivory figurine as being part of a German private collection, formed in the 60s and 70s, before being part of an earlier American Collection formed in the 1930s. Misleading provenance, in this case either by the auction house or the consignor, underscores how easy stolen and looted antiquities can be made to appear part of older more established collections, when in fact they are not.

ARCA Screenshot capture: June 14, 2015

Piece by priceless piece, Egypt is taking collectors and dealers to task. And while 93 of the 96 stolen items are still out there, three recoveries are better than none.

France Desmarais of ICOM’s International Observatory on Illicit Traffic in Cultural Goods has stated

"Stolen items are not necessarily lost forever because many can be recovered and will inevitably resurface at some point in time, whether in the art market or while crossing borders."

But Egypt’s police force and governmental heritage authorities can only do so much in their protection of the country’s thousands of archaeological sites, museums and historical objects. This vulnerability is something looters are all too aware of.

Playing on the limited resources of source countries, especially those suffering from political turmoil, looters, middlemen and traffickers can wait years before floating highly valued pieces onto the licit art market. In the interim, those dealing in black market sales sustain themselves financially on the proceeds derived from a small but steady trickle of smaller finds, often dribbled out to lesser known dealers and galleries. As the art market is adapting to online sales, some items are not being sold through brick and mortar shops any longer, instead, objects are passing through simple one on one, online or social media transactions.

But while objects from well documented thefts like the one on the Elephantine storeroom eventually do resurface, the process of identify-seizure-forfeiture, on an object by object basis is a painfully slow, and only moderately successful, road to repatriation.

To staunch the flow of high demand antiquities for vulnerable source countries collectors must begin to hold themselves more accountable. Knowing what we know today, collectors should curb their consumerist tendencies of wanting what they want when purchasing ancient art without documentation of legal export. More often than not, antiquities without sound paperwork have a higher probability of having been stolen or looted.

It's time for collectors to take themselves to task, taking stock in the origins of their past purchases and voluntarily relinquishing items bought in the past without concern for legality, when they have have contributed to the theft and looting of historic sites around the globe.

Doing the Right Thing

If you are a collector and you suspect an antiquity you have purchased may have been looted or stolen, here are some things you can do.

If your object is on one of these lists, consult with your local museum's curatorial staff.

Lastly, Interpol, National Law Enforcement, UNESCO, ICOM and organizations like ARCA maintain contacts with experts familiar with looted and stolen art. If you have doubts about a purchase and don't know who to contact or need help with the ancient remains in a specific country, please write to us here.

February 21, 2017

On February 20, 2017 ARCA contacted Christos Tsirogiannis about a possible ancient object of concern in an upcoming Timeline auction scheduled to start the following day in London, UK at 10:00am GMT.

TimeLine Auctions holds regular auction sales of antiquities from around the world. Bidding can be done in person, or electronically through their own or associated websites. The firm is a prominent middle-range British dealer in portable antiquities.

Since 2007 Tsirogiannis, a Cambridge-based Greek forensic archaeologist and summer lecturer with ARCA's Postgraduate Program in Art Crime and Cultural Heritage Protection, has collaborated with ARCA to draw attention to and identify antiquities of potentially illicit origin in museums, collections, galleries auction houses, and private collections that can be traced to the confiscated Giacomo Medici, Robin Symes-Christos Michaelides and Gianfranco Becchina archives.

Dr. Tsirogiannis in turn consulted TimeLine Auction's current online sale catalog and reviewed the objects for possible matches. Contacting us shortly thereafter, he informed us that he had matched not one, but three antiquities traceable to known traffickers of illicit antiquities.

Each of the three ancient objects match conclusively with photos that are found in the confiscated Robin Symes archive (lot 49 and lot 79) and the confiscated Giacomo Medici archive (lot 183).

The items Dr. Tsirogiannis identified as being of possible concern are:

The provenance listed by the auction house for this object is as follows:
"Property of a London gentleman; acquired from a major Mayfair gallery; acquired on the London art market before 2000."

This antiquity has also unfortunately been sold for £2,790 including buyer's premium.Roman Head of a Youth: Lot 0183The provenance listed by the auction house for this object is as follows:
"Property of a London gentleman; acquired from a major Mayfair gallery; acquired on the London art market before 2000."
ARCA hopes that by continuing to publicize the frequency with which potentially illicit antiquities penetrate the legitimate art market, with provenance irregularities such as those seen in these identifications, collectors will be encouraged to do their own due diligence, before acquiring objects for their collections. In this way new buyers will not be duped into the laundering of objects in support the illicit antiquities trade.

While it is likely too late to save the new owners of Lot 0049 and Lot 0079 the headache of having just purchased potentially laundered illicit antiquities, ARCA hopes that Timeline will willingly withdraw the third object, to allow more time for due diligence, now that these identifications have been made. In this way, the auction firm can avoid passing along another tainted antiquity to an unsuspecting collector.

It also would be nice, if in turn, Timeline shared the consignor/s contact information with the authorities, or encouraged the current owner to contact the authorities so that they could determine if any other suspicious items had been purchased in the past, which may have passed through Symes and Medici's hands.

As always, Tsirogiannis has sent the documentation of his informed suspicions on to law enforcement authorities at INTERPOL.

The International League of Antiquarian Booksellers and the Metropolitan Police at Scotland Yard have confirmed a brazen the theft at a storage facility in Feltham, west London near Heathrow during the late evening and early morning hours of January 29-30, 2017.

In what is being characterised as a well-planned and savvy burglary, thieves somehow avoided detection despite a 24-hour monitored intrusion detection system which included CCTV cameras and infrared motion detectors. Entering the bonded warehouse by scaling up to the roof, the culprits breached the warehouse’s reinforced glass-fibre skylights, dropping down into the storage facility from above.

Once inside, they cherry picked books, some of which are incunabula, meaning they are editions printed in the first half-century of printing – the second half of the 15th century. Once the books were chosen, they were hoisted back up through the skylight and loaded onto a waiting vehicle.

The thieves made off with 160 historic texts. Bypassing other items, they specifically targets books from six sealed trunks belonging to three dealers,whose inventory was being held at the storage facility in advance of California's 50th International Antiquarian Book Fair.

Some of the more recognizable (but not necessarily the most valuable) texts stolen during the brazen burglary are:

Two rare editions of Dante Alighieri's narrative poem "La Divina Commedia" (Divine Comedy), one published by Giolito in Venice in 1555 and another in Venice byDomenico Farri in 1569

Copernicus' major theory De revolutionibus orbium coelestium (On the Revolutions of the Celestial Spheres), published in the year of his death, 1543.

an early version of Italian polymath Galileo Galilei's famous Opera , (pictured below) who was tried for heresy in 1633 and sentenced to house arrest for his admiration of Copernicus. This edition, by Carlo Manolessi, contains many unpublished writings, as well as various writings of opponents of Galilei, Capra, Colombe, Grazia, Grassi and others, with their with their refutations. Zeitlinger: "The first collected edition of Galileo's work". Lacking Dialogue of Maximum Systems and the Letter to Christina of Lorraine, then still at the Forbidden Index and which will have to wait until 1744 and respectively 1808 to be reprinted. However, the allegory of Della Bella, disguising the heliocentric system by Medici coat of arms, he succeeded to declare openly in the Frontispiece the Copernican heresy. Galileo is kneeling at the feet of three female figures inpersonificanti Astronomy, Optics and Mathematics; to them with his hand raised, shows the coat of arms from the center of which depart the light rays and the planets are arranged like the six globes of the coat of arms of the Medici. Riccardi: "This year, though less abundant of succeeding, and bran, it is nevertheless highly esteemed, and not easy to be complete, because the various treaties having numbering and frontispiece particular, they were often distracted by the whole body of works." "Questo esemplare corrisponde perfettamente a quello censito in Iccu. Cinti, 132; Gamba, 482; Zeitlinger, I, 1435-6; Riccardi, I, 518-9, n. 17; De Vesme, p. 255, n. 965; IT\ICCU\UFIE\000447.

Sir Isaac Newton's "Mathematical Principles of Natural Philosophy." (pictured below) Translated into English, and illustrated with a commentary, by Robert Thorp, M. A. Volume the First [all published]. London: Printed for W. Strahan; and T. Cadell, in the Strand, 1777. (and) Newton, Isaac. Mathematical Principles of Natural Philosophy translated into English and illustrated with a Commentary by Robert Thorp, D.D., Archdeacon of Northumberland. London: T. Cadell Jun. & W. Davies, 1802. The translator Robert Thorp's copy, with his name on title, extensively annotated by him in the mar-gins with diagrams.

Alessandro Meda Riquier of Meda Riquier Rare Books Ltd., in London lost a total of 51 books in the theft. He estimates his company's losses at close to £1 million.

Speaking with Sky News Mr Riquier stated that 90% of German colleague Michael Kühn of Antiquariat Michael Kühn's books were taken, while Italian bookseller Renato Bado of Antiquariato Librario Bado E Mart S.A.S., from Padua estimates he has lost 60 percent of his holdings including the precious Copernicus. Bado's stated losses are approximately £680,000.

But why were the books at a storage facility in the first place?

Storage facilities such as these are used for off-site storage of valuable rare books and archives in transit and in storage as they provide owners with condition reporting as well as a climate controlled settings to store objects at a museum-approved humidity. High relative humidity (RH) along with high temperature, can encourage potentially devastating biological damage to older texts. Lower humidity or more accurately, controlled moisture content in equilibrium with lower RH slows can slow chemical deterioration and helps preserve historic texts. This makes bonded warehouses suitable for archives repositories, as well as for shipment intermediary points for historic books that are fragile.

That is, of course, if the storage facility's security does what it is intended to do.

Theft to order or insider job?

A book antiquarian ARCA spoke with, who asked to remain anonymous, stated that he believes that the theft was ordered by a specific collector, since the stolen texts are quite recognisable and well documented. Also with the announcement of the theft and the itemization of the texts stolen in the heist, they will be impossible to sell on the open market through legitimate auction houses or through book antiquarians.

Given the thieves went straight for the books, and appeared to know the vulnerabilities of the warehouse's security, it is plausible to consider that the thieves had awareness of what was being stored and how to enter the facility without being detected.

Why steal rare books?

Although the bulk of Nicolaus Copernicus’s book, demonstrating that the earth rotated around the sun, instead of the sun around the earth, was already finished in 1535, it was only printed in 1543, the year of the Polish astronomer’s death.

The first edition was printed in Nuremberg in 1543 and a second printing in Basel in 1566. Around the globe, there are only 560 known copies of these two editions. Purchased legitimately, like Lot 110 pictured below from a Christie's 2013 auction, first edition texts like this one are not only historically significant, but extremely valuable.

The International League of Antiquarian Booksellers has published a lists detailing all the texts believed to have been stolen during the burglary. They can be accessed here.

This listing which contains books and manuscripts from the 15th to the 20th century, covering a variety of topics including mediaeval book art, natural history, science, early renaissance printing, and travel has been logged with The Metropolitan Police's Stolen Art Database and stolen-book.org run by the International League of Antiquarian Booksellers.

Since many of these texts may be identified by individual characteristics ARCA urges individuals involved in the rare book trade; collectors, institutions and book merchants to carefully check and verify all provenances, especially on historic texts printed in the second half of the 15th century.

The Antiquarian Booksellers’ Association asks for the book collecting public to be on alert and if anyone offers any of these titles, please contact the Metropolitan Police on 101 or Crimestoppers anonymously on 0800 555 111.

For further details on the theft please contact ABA Secretary Camilla Szymanowska on 020 7421 4681 or at secretary[at]aba.org.uk or ABA Security Chair Brian Lake on 020 7631 4220 brian[at]jarndyce.co.uk.

January 7, 2017

This article is republished with permission from the official British Army Blog viewable here.

During the latter stages of the Second World War a group of American and British archaeologists, museum curators and architects formed up as a curious military unit called the Monuments, Fine Arts and Archives section which became known as the Monuments Men. Their job was to protect the cultural property wherever the conflict was being fought. This included places as diverse as North Africa and Italy, northern Europe, Greece and the Far East. The wartime activities of this specialist Allied military unit have been written about extensively and were recently portrayed by George Clooney, Bill Murray, Hugh Bonneville, Matt Damon and others in the movie Monuments Men.

Lt Col Tim Purbrick

After the war the nations of the world considered the implications of the damage, destruction and looting of cultural property which had taken place during the Second World War. It was felt that the international humanitarian law extant during the war for the protection of cultural property during conflict could be strengthened. This led to the introduction of the Hague Convention (1954), which was followed by its two Protocols of 1954 and 1999. The UK signed the Convention in 1954 but did not ratify it, which means that the Convention was not brought into UK law. In 2004 the Government decided that the effect of the 1999 Protocol met the criteria for ratification and announced that the Convention would be ratified at the earliest opportunity that Parliamentary time permitted.

US Military personnel recover paintings from Neuschwanstein Castle. Courtesy National Archives and Records Administration/American Jewish Historical Society/Center for Jewish History

At the back end of 2013 I was standing at the magazine racks next to my desk at Army HQ congratulating myself as I read an article which I had written on green energy in the British Army Review (BAR). The BAR is a largely internal Army magazine which was then published by the Army HQ Concepts Branch where I work for a day a week as an Army Reserve. Flicking through the other pages of the same issue of BAR I came across a far more interesting article about what activities the military should undertake for the protection of cultural property during conflict. It had been written by Professor Peter Stone OBE of Newcastle University.

To understand why I was fascinated you need to know the three pieces of baggage that I brought to the start of Prof Stone’s article. Our family company, which I now work for, are private art dealers in London. We deal in Impressionist, Modern and Contemporary art. I have been hanging around the business for 25 years and some of it rubbed off on me over that time! I had also spent 12 years tracking down stolen plant and equipment and stolen art and antiquities for The Equipment Register and The Art Loss Register so I had some understanding of the issues around cultural property theft. Underlying these was been my long term interest in the activities of the Monuments, Fine Arts and Archives sections during the Second World War, an interest which had been triggered by reading Lynn Nicholas’s outstanding book The Rape of Europa: The Fate of Europe’s Treasures in the Third Reich and the Second World War. It led me to many other books on the same subject.

Fortuitously, my current post is in the Concepts Branch of Army HQ. Our job is to work with academics, think tanks, military scientists and subject matter experts to attempt to understand what the future environment looks like so that we can propose how best to shape the Army to meet the challenges of that future environment. By the time I came across Prof Stone’s article I had already written one of our papers, which we call analytical concepts, on the future of the media and Army media operations. A second paper, on the future employment of cyber at the tactical and operational level, was already on circulation for comments by senior officers. These analytical concepts are highly detailed pieces of research work akin to a university dissertation or even, I kid myself, a Phd as it is generally a unique, first time look, in depth at a key issue for the future development of Army capability. Could cultural property protection (CPP) be my next analytical concept?

Literally the moment that I had finished reading the article I tracked down Prof Stone’s telephone number at Newcastle University and rang him up. Prof Stone and I had one of those interesting conversations: ‘you don’t know who I am’, I said, ‘but I have read your article in the British Army Review, I work at Army HQ and I think that there’s something that we may be able to do about your proposals.’ Prof Stone is also head of the UK Committee of the Blue Shield, an organisation which works with Governments to advise on the protection of cultural property during conflict. The Prof had some experience with the Armed Forces having advised NATO on what and where not to strike in Libya during OP ELLAMY in 2011. He had been trying to persuade the Armed Forces to take more of an interest in CPP so he was quite surprised to have someone from the Army calling him out of the blue to suggest that we could possibly do something about protecting cultural property during conflict.

I drafted a proposal for an analytical concept paper and took it to my Concepts Desk boss, Col Tim Law. Col Tim immediately agreed to let me write the proposed paper. Even though this issue was more current and not one of our future concept papers which look out 20 years, Col Tim and his boss, Brig Simon Deakin, saw the merit of the recommendations in Prof Stone’s article and in the Concepts Branch writing and circulating a paper. Over the coming weeks this became a draft document titled Delivering a Cultural Property Protection Capability. In the way that happens with all our papers, in a process that was to take to the end of July 2015, it was first circulated around Army HQ at Colonel level, comments were received back from these officers, the paper was amended, then it was sent out to Brigadier or 1 star level, comments were received and so the process went on until it had been all the way to the top of the Army where it was seen by Lt Gen Sir James Everard KCB, Commander of the Field Army.

Alongside the start of this internal circulation, with such a complex issue and with such little expertise on it within the Armed Forces, it was important for the paper’s credibility to have it validated by the real experts in academia, museums and amongst our Allies who had either already been involved in CPP for years or who had cultural property protection policies and plans in place for armed conflict. So, I shared the draft paper widely with many of those who quickly became key advisors, amending technicalities and suggesting generalities, giving the paper credibility inside and outside the Army and also giving us all a stake in the paper’s success.

In parallel to the paper and further afield I met up with a group of cultural property experts at the Defence College in Shrivenham. The group included Prof Stone, Richard Osgood, the MOD’s senior archaeologist at the Defence Infrastructure Organisation, Victoria Syme-Taylor from King’s College London, and Dr Nick Marquez-Grant and Prof Andrew Shortland from Cranfield University. Also attending were military educator Maj Dave Mason from the Defence Cultural Specialist Unit (DCSU) at RAF Henlow, to assist with identifying and drafting the individual skill sets required by cultural property protection officers, and Lt Col Alasdair Morrison, a military lawyer from the Operational Law Department in Warminster, to advise on military and international law.

This group became the Military Cultural Property Protection Working Group and it met for the first time in early 2014.

Looted from a 2004 excavation at a building site off Napier Road in Colchester, UK, two Roman-era decorative leaden coffin lids have been recovered by PC Andy Long, the Wildlife, Heritage and Environmental Crime Officer for the Essex Police.

According to UK news website The Daily Gazette one coffin had been placed up for sale at an unnamed auction house in Cirencester. The second was found at the house of the consignor, 140 km away near Melton Mowbray. The news website states that the would-be seller, who reportedly has dementia, told law enforcement authorities that he was unaware of the fact that the two coffins had been stolen from an archaeological site. Quoting a statement made by PC Long the gazette wrote “He bought them from a digger driver who was working on a building site in Colchester in 2004. He was told they had been offered to the museum and they didn’t want them.”

A quick check using Google's cache gives us the missing auction listing whose photos match the image appearing in the Gazette with Officer Long and Emma Holloway of the Colchester Archaeological Trust.

Interestingly the provenance details supplied by the auction house (see screen shot below) differ considerably from the details given by the consignor in the news article. The Lot details at the Dominic Winter Auction states:

Roman Coffin. A museum quality Roman lead tapering coffin lid, probably 4th century, wet sand-cast lead with cast decoration comprising bead and reel borders dividing into three sections, central section with scroll pattern, end sections divided with saltire cross of bead and reel, three of the quadrants filled with scallop shell (pecten), the last with a circle, sometime broken into three sections, 119 x 34 cm (47 x 13 ins) Rare. Purchased by the present owner from metal detectorist Alan Pickering who discovered the piece together with another similar in Suffolk in the 1970s. In 1977 Toller recorded just 243 Roman lead coffins in Britain and only a handful more have been discovered since. (1)

So who misled who? Did the consignor give the law enforcement officer one story in a forgetful state and the auction house another? A find spot in Suffolk around 1970 is quite a contrast to 2004 Colchester when the objects had been left in situ ahead of the redevelopment of the site.

Or was Alan Pickering nighthawking?

According to visitor guides produced by the friends of the Colchester Archaeological Trust

As Hugh Toller noted in his 1977 catalog of lead coffins of Roman Britain that the distribution of lead coffins was likely reflective less of the location of lead resources of a given geographical area, than it was of the ‘wealth in Roman Britain’. According to this researcher, the majority of the 243 lead coffin pieces found leading up to the writing of his book were found in graves located in south-eastern and southern Britain, with nearly 55% of these coming from cemeteries directly associated with major urban centers, particularly Colchester, Dorchester, London, and York.

To more closely identify the find spot of the object once on auction, let's compare the decorative details on the leaden lid pictured in the Gazette's tweet with Officer Long and Emma Holloway of the Colchester Archaeological Trust. This object's relief illustrates beading layed out in a "X" motif alongside a scallop shell.

Given the closely matching decoration of the seized objects to those previously studied by archaeologists, it is possible to assume that both objects may have been designed by the same craftsman. But to know for sure, one would need to try and date both objects. To do so with accuracy would require a find spot and an osteoarchaeologist familiar with bones and human remains who could help us build a picture of the person once buried inside the ancient coffin.

But then again, we have no idea where the human remains once held in the looted coffins were dumped. When archaeologists argue about the importance of context and why looting is detrimental this is a powerful example.

Was it really worth £1000-£1500 to disturb someone's final resting place?

Sometimes in archaeology, the truth is found in our bones, and either out of respect for the dead or respect for the culture of Roman Britain, these coffins, and the persons once buried inside them, deserved more care and respect.

________________________________

Toller, Hugh, 1977. Roman Lead Coffins and Ossuaria in Britain. BAR British Series 38. Oxford.

Constable's 'Beaching a Boat, Brighton' (1824) will be returned to
its heirs on the recommendation of the UK's Spoliation Advisory Panel

London’s Tate Museum has, at long last, restituted John Constable’s painting, Beaching a Boat, Brighton to its rightful owners. The Tate returned the painting to the heirs of Baron Ferenc Hatvany, a Hungarian Jewish painter and art collector, after it emerged that the work had been looted during the second World War. The painting was once part of Baron Hatvany’s larger collection, one of the finest, if not the largest (a distinction belonging to the Herzog’s) art collections in Budapest. By the early 1940s, his collection comprised of some 750-900 works of art.

Hatvany was forced to store this, and several other artworks, in a Budapest bank vault against the threat of possible Allied bombing, before ultimately being forced to flee the city when the Nazis arrived. The Russian Army then entered Budapest in 1945 and seized the Hatvany collection, leading to long-standing legal disputes over the property rights of many of the pieces of artwork it contained.

The heirs of Baron Hatvany filed a claim with Britain's eight-member Spoliation Advisory Panel — a panel created by the British government to mediate looting claims on art works in public institutions in 2013—after someone recognized the Constable painting as having been looted whilst visiting the Tate's London collection in 2012.

In May 2014, at the urging of the SAP, the Tate formally authorized the painting's return to three of Hatvany’s heirs — descendants who live in Paris and Switzerland. Then, alarmingly, the museum reversed course one week later after officials from the Hungarian Museum of Fine Arts produced an apparent 1946 export license for the painting.

Agnes Peresztegi, a lawyer who works for the nonprofit Commission for Art Recovery and represents the three Hatvany heirs, has said that the case illustrated the need for museums to conduct better due diligence when checking the provenance of paintings. “Research,” she stated, must “conform to a higher standard and there is a need for more transparency.”

As is unfortunately often the case when World War II restitutions are eventually made, the Hatvany heirs have decided to put the Constable painting up for sale. The heirs of WWII looted art are often numerous or often, not necessarily wealthy. Sometimes the only practical solution for dividing the value of inherited artworks is to witness its sale.

At the urging of the SAP, the Tate formally authorized the painting's return to three heirs — descendants who live in Paris and Switzerland in May 2014. Then alarmingly the museum reversed course one week later after officials from the Hungarian Museum of Fine Arts produced an apparent 1946 export license for the painting.

Agnes Peresztegi, a lawyer who works for the nonprofit Commission for Art Recovery, who represents the three Hatvany heirs since 2012 has said the case illustrated the need for museums to conduct better due diligence when checking the provenance of paintings. “Research,” she stated, must “conform to a higher standard and there is a need for more transparency.”

As is often the case, when World War II restitutions are eventually made, the Hatvany heirs have decided to put the Constable painting up for sale. The painting will go on the auction block at Christies in London on December 8th and is expected to sell for between GBS £500,000 and GBA £800,000.

Because the heirs of the looted art are numerous or not necessarily wealthy, sometimes the only practical solution for dividing the value of inherited artwork is to witness its sale.

October 28, 2016

For nine years Professor David Gill’s blog Looting Matters has been the place to turn for thoughtful discussion of the archaeological ethics surrounding the collecting of antiquities. As a Professor of Archaeological Heritage and Director of the Heritage Futures Research Unit at the University of Suffolk and a former Rome Scholar at the British School at Rome, as well as a Sir James Knott Fellow at the University of Newcastle upon Tyne, and a Fellow of the Society of Antiquaries and holder of the 2012 Archaeological Institute of America (AIA) Outstanding Public Service Award recipient, it's safe to say that Dr. Gill has the credentials and expertise necessary to have an informed and measured opinion on the multiple threats facing our cultural heritage.

Dr. Gill has published widely on archaeological ethics, often with Dr. Christopher Chippindale (University of Cambridge). Frequently on Looting Matters, as he has done today, he is the first in the heritage crimes field, to announce important news that we should all be paying attention to, often paces ahead of other researchers, including myself.

Today Dr. Gill reminds us that on Monday, October 31, 2016 the Cultural Property (Armed Conflicts) Bill [HL] 2016-17 will have its 2nd reading in the UK’s House of Commons.

In its current form, the Bill is an nobile effort to establish the United Kingdom's place as a champion for the world’s cultural heritage by introducing the domestic legislation necessary for the UK to meet the obligations contained in the Hague convention and its two protocols. The bill seeks to introduce the necessary domestic legislation to enable the UK to finally ratify the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed

Conflict, a convention the UK signed in December 1954 and has been publicly committed to ratifying, along with its two Protocols since 2004.

If passed this UK bill will not be retrospective and a person will be criminally liable only if they commit an offence after the commencement of the Bill. Part 2 will make it an offence to commit a serious breach of the Second Protocol, either in the UK or abroad.

To read up on this bill and its significance please see Dr. Gill's blog and the hyperlinks he has already posted. While you are at it, I suggest you also follow his ongoing academic research hereand perhaps take a look at his standing column "Context Matters" which he writes two times per year in the Journal of Art Crime speaking out about the material and intellectual consequences of heritage looting and illicit trafficking.

The International Arts & Antiquities Security Forum (IAASF) will be hosted at the NewcastleGateshead Quayside in Newcastle upon Tyne, Friday, November 11, 2016 and will focus on various topics related to texisting or emerging threats and risks for those in the field interested in the protection of arts and antiquities.

Of benefit to security professionals and the wider heritage protection sector including, gallery owners, shippers, insurance companies and curators the event will include presentations on the importance of security in protecting culture and art, the scale of threat to UK arts and antiquities, the threat of terrorism as it relates to art and antiquities, operational best practices in crime prevention for museums and houses of worship, (both physical & technical) as well as how to protect art and antiquities during transit and the ever increasing roll of conservators in the field of heritage protection.

The content of the presentations has been specifically designed to enable everybody to take away a deeper and more meaningful understanding of the issues that exist, experiencing best practises and being exposed to great innovations; both technical and operational that will help reduce and manage risk.

The IAASF event will bring together an international range of presenters including

It's estimated that there are now more than 10,000 metal detector users in England and Wales alone. They've been making an impact. In 2011, close to a million artifacts were found by hobbyists. Nearly 1,000 of those could be classed as treasure - precious metals discovered by metal detector users.

No harm done?

But not everyone is pleased. Archaeologist and illicit antiquities researcher at Cambridge University, Christos Tsirogiannis, is one of those concerned. He says the amateur archeologists are damaging important sites.

"Every object has an amazing historical value, especially when it's found in its actual and original archeological context," Christos Tsirogiannis explains. "If something is extracted violently and by an uneducated, non-specialist person from its original context, this cannot be reconstructed."

Mr. Tsirogiannis is quoted by DW as recommending the banning of all metal detectors:

"I'm sure that there are several people who are operating metal detectors and they do it just for excitement," he says. "But even in a legal way, the destruction that they generate is really big, and it is an unfortunate phenomenon that it is still legal."